Note 1: Calculation Rules – If the calculated date falls on a Saturday, Sunday or Holiday, the business day prior to the calculated date would apply.
Note 2: Applicable rules and regulations references:
- The Business Corporations Act (Alberta) allows a maximum of 50 days (Part 11 section 133(2))
- The Business Corporations Act (BC) allows a maximum of 60 days (Part 5 section 171(2))
- National Instrument 54-101 Section 2.20 Abridging Time
- Companion Policy 54-101CP Section 3.1 Timing for Notice of Meeting and Record Dates and Intermediary Searches
Note 3: For TSX (Toronto Stock Exchange) companies, the year-end financial statements must be filed within 90 days of the fiscal year and mailed to holders 10 calendar days after the filing deadline. For TSX Venture companies, the year-end financial statements must be filed and distributed to holders within 120 days of the fiscal year and mailed to holders 10 calendar days after the filing deadline. (National Instrument 51-102 Continuous Disclosure Obligations)
Note 4: It is crucial to ensure you comply with specific incorporation requirements:
- CBCA Incorporated Issuers – Meetings must be held no later than fifteen months after holding the last preceding annual meeting and no later than six months after the end of the corporation’s preceding financial year.
- Provincially Incorporated Issuers – Please speak to your legal counsel about your timelines
Note 5: The first time a reporting issuer distributes material using Notice & Access, the option to abridge this timeline in section 2.20(a.1) is not available, as described in NI 54-101 section 2.7.2
Note 6: At least 25 days before the record date, advise all depositories, securities, and regulatory authorities and listing exchanges of (When utilizing Notice & Access, the notification of meeting and record date must be filed on SEDAR at least 40 days before the record date.):
- The name of the reporting issuer and CUSIP/ISIN Number
- The date fixed for the meeting
- The record date for notice
- The record date for voting
- The beneficial ownership determination date
- The classes or series of securities that entitle the holder to receive notice of the meeting
- The classes or series of securities that allow the holder to vote at the meeting
- Whether the meeting is a special meeting
- Whether the reporting issuer is sending proxy-related materials to registered holders or beneficial owners using Notice and Access as well as the types of registered securityholders or beneficial owners who will receive paper copies of the information
- Circular or other proxy related materials
- Whether the Marrelli Trust Company Limited or Broadridge is sending the proxy-related materials directly to NOBOs or if you wish to pay Broadridge to send the proxy-related materials to OBOS.